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(영문) 부산지방법원 2016.10.19 2016고단2003
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 20, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint property damage, etc.) at the Busan District Court on October, 2016 and the above judgment became final and conclusive on July 15, 2016.

【Criminal Facts】

"2016 Highest 2003"

1. On August 27, 2015, the Defendant posted a false statement to the NAVER C, stating that “The NAF will sell the NAF at KRW 200,000,00,” and that “the NAF will send the NAF to the victim C who contacted the 200,000,000 won.”

However, the defendant did not have the above four times, and even if he received the money from the victim, he did not have the intention or ability to sell the money.

The Defendant, by deceiving the victim as above, received KRW 200,00 from the victim to the Busan Bank Account (Serial E) on the same day as the price for goods.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

"2016 Highest 2686"

2. At around August 24, 2015, the Defendant posted a notice to the effect that, despite having no intent or ability to send the goods to the victim even if he/she received the payment of goods from the victim, the Defendant would send the said goods to the victim F, who reported this paper and contacted the Defendant, with the purport that “on the face of remitting the money, he/she will send the said goods.”

The Defendant received KRW 120,00,000 from the victim for the same day as the price for the goods on the same day, and received KRW 260,000 in total from around that time to September 6, 2015 by the same method as in the list of crimes in attached Form 3 times.

Accordingly, the defendant deceivings victims to acquire property benefits equivalent to the same amount.

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